[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2701 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2701
To provide incentives for the sharing of homeland security information,
promote the development of an information sharing network, provide
grants and other support to achieve communications interoperability,
and establish an Office of Information Sharing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2004
Mr. Lieberman (for himself, Ms. Collins, Mr. Akaka, and Mrs. Clinton)
introduced the following bill; which was read twice and referred to the
Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To provide incentives for the sharing of homeland security information,
promote the development of an information sharing network, provide
grants and other support to achieve communications interoperability,
and establish an Office of Information Sharing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Interagency and
Interjurisdictional Information Sharing Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The effective use of information is essential to the
Nation's efforts to protect the homeland. Information that may
prove important to those efforts, however, is often widely
dispersed and may be uncovered or held by any of a number of
Federal agencies, by 50 States or by the Nation's 650,000 local
law enforcement officers who form the front lines of the war
against terrorism, among others. Finding ways to share this
information in an efficient and timely manner with those who
need it is central to both preventing and responding to
potential terrorist attacks on our nation.
(2) Current approaches to information sharing are woefully
inadequate and largely ad hoc. State and local officials
frequently report that they do not receive adequate homeland
security information from Federal officials, nor is there a
consistent, easy way for State and local officials to
effectively provide homeland security information in their
possession to Federal officials. Federal agencies have often
not shared information even with other Federal agencies, and
State and local governments have few formalized means to share
information with other States and localities.
(3) There are a number of barriers, both structural and
cultural, to the more effective sharing of homeland security
information including--
(A) a lingering cold war paradigm that emphasizes
information security and maintaining strict limits on
access to information;
(B) mistrust among historically rival agencies and
between Federal and State officials; and
(C) few incentives to reward Government employees
who share information outside their agencies.
(4) A further barrier to information sharing among police,
firefighters and others who may be called on to respond to
terrorist attacks and other large-scale emergencies is the lack
of interoperable communications systems, which can enable
public safety agencies to communicate and share important,
sometimes critical, information in an emergency.
(5) A new approach to the sharing of homeland security
information (a new ``information architecture'') is urgently
needed to overcome these barriers and to meet the homeland
security needs of the Nation. One useful model for such a
network is the Systemwide Homeland Analysis and Resource
Exchange Network (SHARE) proposed by the Markle Foundation in
reports issued in October 2002 and December 2003. Like the
envisioned SHARE Network, a new approach, to be successful,
must be comprehensive, encompassing the many participants, at
many levels of government, who strive to protect the homeland,
and the system should be largely decentralized, permitting
participants throughout the system to exchange information
directly in a timely and effective matter without having to go
through a central hub.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Homeland security information.--The term ``homeland
security information'' means information relevant to, or of
potential use in, the prevention of, preparation for, or
response to, terrorist attacks upon the United States.
(4) Network.--The term ``Network'' means the Homeland
Security Information Sharing Network established under section
4.
SEC. 4. HOMELAND SECURITY INFORMATION SHARING NETWORK.
(a) In General.--
(1) Establishment.--The Secretary shall establish a
Homeland Security Information Sharing Network.
(2) Functions.--The Network shall--
(A) to the maximum extent possible, consistent with
national security requirements and the protection of
civil liberties, foster the sharing of homeland
security information--
(i) among offices and divisions within the
Department;
(ii) between the Department and other
Federal agencies;
(iii) between the Department and State,
local, and tribal governments; and
(iv) among State, local, and tribal
governments; and
(B) provide for the analysis of homeland security
information obtained or made available through the
Network.
(b) Cooperative Developments.--In developing the Network, the
Secretary shall work with representatives of other governmental
entities that possess homeland security information or will otherwise
participate in the network, including the Intelligence Community, the
Department of Justice and Federal Bureau of Investigation, and the
Department of Health and Human Services, and State, local government
and tribal officials.
(c) Reports.--
(1) In general.--The Secretary shall submit status reports
on the development and implementation of the Network to--
(A) the Committee on Governmental Affairs of the
Senate;
(B) the Select Committee on Homeland Security of
the House of Representatives; and
(C) the Committee on Government Reform of the House
of Representatives.
(2) Contents.--The status reports shall include--
(A) a detailed description of the work completed to
date with attached relevant documents produced in the
development of the Network, including documents
describing the strategy for the Network and the
Network's design or architecture; and
(B) a detailed timetable and implementation plan
for remaining work.
(3) Submission.--Status reports under this subsection shall
be submitted--
(A) not later than 6 months after the date of
enactment of this Act;
(B) not later than 12 months after the date of
enactment of this Act; and
(C) at 1-year intervals thereafter.
SEC. 5. HOMELAND SECURITY INFORMATION COORDINATING COUNCIL.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following:
``TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL
``SEC. 1801. HOMELAND SECURITY INFORMATION COORDINATING COUNCIL.
``(a) Definition.--In this section, the term `homeland security
information' means information relevant to, or of potential use in, the
prevention of, preparation for, or response to, terrorist attacks upon
the United States.
``(b) Establishment.--
``(1) In general.--The Secretary, in coordination with the
Attorney General, the Director of Central Intelligence, the
Secretary of Health and Human Services, and other Federal
departments and agencies in possession of homeland security
information, as identified by the President, shall establish
the Homeland Security Information Coordinating Council (in this
section referred to as the `Coordinating Council').
``(2) Composition.--The Coordinating Council shall be
composed of--
``(A) a representative of the Department;
``(B) a representative of the Department of
Justice;
``(C) a representative of the Central Intelligence
Agency;
``(D) a representative of the Department of Health
and Human Services;
``(E) a representative of any other Federal
department or agency in possession of homeland security
information, as identified by the President; and
``(F) not fewer than 2 representatives of State and
local governments, to be selected by the Secretary.
``(3) Responsibilities.--The Coordinating Council shall--
``(A) develop, monitor, and update procedures and
protocols for sharing homeland security information
among Federal departments and agencies;
``(B) develop, monitor, and update procedures and
protocols for sharing homeland security information
with State and local governments so as to minimize the
difficulties of State and local governments in
receiving information that may reside in multiple
departments or agencies;
``(C) establish a dispute resolution process to
resolve disagreements among departments and agencies
about whether particular homeland security information
should be shared and in what manner;
``(D) review, on an ongoing basis, current issues
related to homeland security information sharing among
Federal departments and agencies and between those
departments and agencies and State and local
governments;
``(E) where appropriate, promote the compatibility
and accessibility of technology, including computer
hardware and software, used by Federal departments and
agencies to facilitate the sharing of homeland security
information; and
``(F) ensure that there is coordination--
``(i) among Federal departments and
agencies that maintain homeland security
information;
``(ii) multi-organization entities that
maintain homeland security information,
including the Terrorist Threat Integration
Center and Joint Terrorism Task Forces; and
``(iii) the Homeland Security Information
Network, in actions and policies relating to
the sharing of homeland security information.
``(c) Administration.--The Department shall provide administrative
support to the Coordinating Council, which shall include--
``(1) scheduling meetings;
``(2) preparing agenda;
``(3) maintaining minutes and records; and
``(4) producing reports.
``(d) Chairperson.--The Secretary shall designate a chairperson of
the Coordinating Council.
``(e) Meetings.--The Coordinating Council shall meet--
``(1) at the call of the Secretary; or
``(2) not less frequently than once a month.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by adding at the end the following:
TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL
``Sec. 1801. Homeland Security Information Coordinating Council.''.
SEC. 6. INCENTIVES TO PROMOTE SHARING OF HOMELAND SECURITY INFORMATION.
(a) Agency Performance Measures.--
(1) Performance plan.--Consistent with the requirements of
section 1115 of title 5, United States Code, the Secretary
shall prepare an annual performance plan that establishes
measurable goals and objectives for information sharing between
the Department and other appropriate entities in Federal,
State, local, and tribal governments. The plans shall identify
action steps necessary to achieve such goals.
(2) Performance report.--Consistent with the requirements
of section 1116 of title 5, United States Code, the Secretary
shall prepare and submit to Congress an annual report including
an evaluation of the extent the Department's information
sharing goals and objectives were met. The report shall include
the results achieved during the year relative to the goals
established in the previous year's performance plan.
(3) Performance management.--The Secretary shall
incorporate the performance measures in the performance plan
required under paragraph (1) into the Department's performance
appraisal system. These performance measures shall be used in
evaluating the performance of appropriate managers and
employees. If appropriate, determinations for performance
awards, bonuses, achievement awards, and other incentives for
Departmental managers and employees shall include consideration
of these performance measures.
(b) Incentives Programs.--
(1) In general.--Chapter 45 of title 5, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION
SHARING
``Sec. 4521. Awards to promote homeland security information sharing
``(a) In this section--
``(1) the terms `agency' and `employee' have the meanings
given under paragraphs (1) and (2) of section 4501,
respectively; and
``(2) the term `homeland security information' means
information relevant to, or of potential use in, the prevention
of, preparation for, or response to, terrorist attacks upon the
United States.
``(b)(1) The head of an agency may pay a cash award to, grant time-
off without charge to leave or loss of pay, or incur necessary expense
for the honorary recognition of, an employee who--
``(A) develops and implements innovative policies,
practices, procedures, or technologies to foster appropriate
sharing of homeland security information with other agencies
and with State, local, and tribal governments; and
``(B) through such innovations, achieves measurable
results.
``(2) A cash award under this section may not exceed the greater
of--
``(A) $10,000; or
``(B) 20 percent of the basic pay of the employee.
``(3) A cash award may not be paid under this section to an
individual who is appointed to, or who holds--
``(A) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined under section
3132(a); or
``(C) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(4) Consistent with paragraphs (1), (2), and (3), the Secretary
of Homeland Security shall establish an awards program specifically
designed to recognize and reward employees (including managers) of the
Department of Homeland Security. An employee of the Department of
Homeland Security may not receive an award under paragraph (1).
``(5) Not later than 1 year after the date of enactment of this
section, and annually for 5 years thereafter, the Secretary of Homeland
Security shall submit to the Committee on Governmental Affairs of the
Senate, the Select Committee on Homeland Security of the House of
Representatives, and the Committee on Government Reform of the House of
Representatives a report detailing the implementation of programs under
this section, including--
``(A) the number of managers and employees
recognized;
``(B) the type of recognition given;
``(C) the number and dollar amount of awards paid
to individuals holding positions within each pay grade,
pay level or other pay classification;
``(D) the relationship between awards under this
program and other incentive or awards programs; and
``(E) the extent to which the program is assisting
in overcoming cultural and other barriers to sharing
homeland security information.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION
SHARING
``4521. Awards to promote homeland security information sharing.''.
SEC. 7. OFFICE OF INFORMATION SHARING.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding after section 801 the following:
``SEC. 802. OFFICE OF INFORMATION SHARING.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Communications interoperability.--The term
`communications interoperability' means the ability of public
safety service and support providers, including law
enforcement, firefighters, and emergency management, to
communicate with other responding agencies and Federal agencies
if necessary, through information technology systems and radio
communications systems, and to exchange voice, data, or video
with one another on demand, in real time, as necessary.
``(2) Director.--The term `Director' means the Director of
the Office of Information Sharing.
``(3) Eligible state.--The term `eligible State' means a
State that--
``(A) has submitted a plan under subsection (d)(3);
and
``(B) the Secretary determines has not achieved
adequate statewide communications interoperability.
``(4) Office.--The term `Office' means the Office of
Information Sharing established under subsection (b).
``(5) Public safety agencies.--The term `public safety
agencies' means law enforcement, firefighters, emergency
technicians, public health officials, and such other persons
that the Secretary determines must communicate effectively with
one another to respond to emergencies.
``(b) Establishment.--
``(1) In general.--There is established the Office of
Information Sharing within the Office for State and Local
Government Coordination and Preparedness, which shall be headed
by a Director of Information Sharing appointed by the
Secretary.
``(2) Administration.--The Secretary shall provide the
Office with the resources and staff necessary to carry out the
purposes of this section, including sufficient staff to provide
support to each State, consistent with the responsibilities set
forth in paragraph (3).
``(3) Responsibilities.--The Office established under
paragraph (1) shall--
``(A) foster the sharing of homeland security
information among State and local governments and
public safety agencies, and regional consortia thereof,
and between these entities and the Federal Government
by--
``(i) facilitating the creation of regional
task forces with representation from State and
local governments and public safety agencies
and from the Federal Government to address
information sharing needs; and
``(ii) facilitating the establishment of
24-hour operations centers in each State to
provide a hub for Federal and State and local
government intelligence and public safety
agencies to share information;
``(B) foster the development of interoperable
communications systems by State and local governments
and public safety agencies, and by regional consortia
thereof, by--
``(i) developing and implementing a
national strategy to achieve communications
interoperability;
``(ii) developing and maintaining a task
force that represents the broad customer base
of State and local governments, public safety
agencies, as well as Federal agencies, involved
in public safety disciplines such as law
enforcement, firefighting, public health, and
disaster recovery, in order to receive input
and coordinate efforts to achieve
communications interoperability;
``(iii) promoting a greater understanding
of the importance of interoperability among all
levels of Federal, State and local government;
``(iv) facilitating collaborative planning
and partnerships among Federal, State, and
local government agencies in all States where
necessary;
``(v) facilitating the sharing of
information on best practices for achieving
interoperability;
``(vi) identifying and working to overcome
the cultural, political, institutional, and
geographic barriers within the public safety
community that can impede interoperability
among public safety agencies, including among
Federal agencies;
``(vii) developing appropriate performance
measures and systematically measuring the
Nation's progress toward interoperability;
``(viii) coordinating with other offices in
the Department and other Federal agencies
providing grants for communications
interoperability or for other equipment and
training necessary to prevent, respond to, or
recover from terrorist attacks, including the
development of common guidance for such grants
and consistent technical advice; and
``(ix) making recommendations to Congress
about any changes in Federal law necessary to
remove barriers to achieving communications
interoperability;
``(C) provide technical assistance to State and
local governments and public safety agencies, and
regional consortia thereof, on the design of regional
information sharing networks and technology needed to
support such governments, agencies, and consortia;
``(D) provide technical assistance to State and
local governments and public safety agencies, and
regional consortia thereof, on planning,
interoperability architectures, acquisition strategies,
and other functions necessary to achieve communications
interoperability;
``(E) in conjunction with the Directorate for
Science and Technology--
``(i) provide research, development,
testing, and evaluation for public safety
communications technologies and equipment;
``(ii) evaluate and validate new technology
concepts, and promote the deployment of
advanced broadband communications technologies;
and
``(iii) encourage the development of
flexible and open architectures and standards,
with appropriate levels of security, for short-
and long-term solutions to interoperability;
and
``(F) in coordination with State and local
governments, develop a system for collecting and
distributing best practices in homeland security.
``(c) Baseline Assessment.--
``(1) In general.--The Secretary, acting through the
Director, shall conduct a nationwide assessment to determine
the degree to which communications interoperability has been
achieved to date and to ascertain the needs that remain for
interoperability to be achieved.
``(2) Reports.--The Secretary, acting through the Director,
shall submit to the Committee on Governmental Affairs of the
Senate, the Select Committee on Homeland Security of the House
of Representatives, and the Committee on Government Reform of
the House of Representatives--
``(A) not later than 1 year after the date of
enactment of this section, a report of the findings of
the assessment required by subsection (c); and
``(B) not later than 18 months after the date of
enactment of this section, a plan for achieving all
necessary communications interoperability throughout
the Nation.
``(d) Preparedness Grant Program.--
``(1) In general.--The Secretary, through the Office, shall
make grants to--
``(A) eligible States for initiatives necessary to
achieve interoperability within each State, including--
``(i) statewide communications planning;
``(ii) system design and engineering;
``(iii) procurement and installation of
equipment;
``(iv) operations and maintenance of
equipment; and
``(v) testing and technology development
initiatives; and
``(B) local governments (including a consortium of
local governments), and public safety agencies within
eligible States, to assist with any aspect of the
communications life-cycle, including--
``(i) planning, system design, and
engineering;
``(ii) procurement and installation of
equipment;
``(iii) operations and maintenance of
equipment; and
``(iv) testing and technology development.
``(2) Coordination.--The Secretary shall ensure that the
Office coordinates its activities with other entities of the
Department and other Federal entities so that grants awarded
under this subsection, and other grant programs related to
homeland security, fulfill the purposes of this Act and
facilitate the achievement of communications interoperability
nationally.
``(3) Eligibility.--
``(A) Submission of plan.--To be eligible to
receive a grant under this subsection, each eligible
State, or local governments or public safety agencies
within an eligible State, shall submit a communications
interoperability plan to the Secretary that--
``(i) addresses any aspect of the
communications life cycle, including planning,
system design and engineering, procurement and
installation, operations and maintenance, and
testing and technology development;
``(ii) if the applicant is not a State,
includes a description of how the applicant
addresses the goals specified in any applicable
State plan or plans submitted under this
section; and
``(iii) is approved by the Secretary.
``(B) Incorporation and consistency.--A plan
submitted under subparagraph (A) may be part of, and
shall be consistent with, any other homeland security
plans required of the submitting party by the
Department.
``(4) Award of grants.--
``(A) Considerations.--In approving plans and
awarding grants under this subsection, the Secretary
shall consider--
``(i) the nature of the threat to the
eligible State or local jurisdiction;
``(ii) the location, risk, or vulnerability
of critical infrastructure and key national
assets;
``(iii) the number, as well as the density,
of persons who will be served by interoperable
communications systems;
``(iv) the extent of the partnerships,
existing or planned, established between local
jurisdictions and agencies participating in the
development of interoperable communications
systems, and their coordination with Federal
and State agencies;
``(v) the extent to which the
communications interoperability plan submitted
under paragraph (3) adequately addresses steps
necessary to implement short-term or long-term
solutions to communications interoperability;
``(vi) the extent to which eligible States
and local governments, in light of their
financial capability, demonstrate their
commitment to expeditiously achieving
communications interoperability by
supplementing Federal funds with non-Federal
funds;
``(vii) the extent to which grants will
expedite the achievement of interoperability in
the relevant jurisdiction with Federal, State,
and local agencies; and
``(viii) the extent to which grants will be
utilized to implement advanced communications
technologies to promote interoperability.
``(B) Coordination.--To the maximum extent
practicable, the Secretary shall ensure that any grant
made under this subsection is coordinated with
neighboring jurisdictions, contiguous local
governments, and within State and regional entities.
``(C) Local funding.--If the Secretary makes grants
awards to States, the Secretary shall--
``(i) make it a priority to ensure that
funding or resources reach local governments;
and
``(ii) require applicants to demonstrate
how such funding will reach local governments.
``(D) Allocation.--In awarding grants under this
subsection, the Secretary shall ensure that--
``(i) not less than .75 percent of the
total amount appropriated for grants in any
fiscal year shall be awarded, subject to clause
(ii), to each eligible States, including the
District of Columbia and the Commonwealth of
Puerto Rico; and
``(ii) not less than .25 percent of the
total amount appropriated for grants in any
fiscal year shall be awarded to the territories
of the United States, including American Samoa,
the Commonwealth of Northern Mariana Islands,
Guam, and the United States Virgin Islands.
``(E) Process.--In awarding grants under this
subsection, the Secretary shall, to the maximum extent
practical, employ a peer review process such as that
used to review applications awarded under the
Assistance to Firefighters Grant Program.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$75,000,000 for each of fiscal years 2005 through 2008, and
such sums as are necessary each fiscal year thereafter, for the
operations of the Office, and for other entities within the
Department whose activities facilitate the purposes of this
section and the Homeland Security Interoperability Act of 2004.
``(2) Preparedness grant program.--There are authorized to
be appropriated to carry out the grant program under subsection
(d)--
``(A) $400,000,000 for fiscal year 2005;
``(B) $500,000,000 for fiscal year 2006;
``(C) $600,000,000 for fiscal year 2007;
``(D) $800,000,000 for fiscal year 2008;
``(E) $1,000,000,000 for fiscal year 2009; and
``(F) such sums as are necessary each fiscal year
thereafter.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by striking the item relating to section 801 and inserting the
following:
``801. Office for State and Local Government Coordination and
Preparedness.
``802. Office of Information Sharing.''.
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